Dismissed

Ashish Alias Toni and Another v. State of U.P. and Another

Allahabad HC29 Sept 2022A482/26135/2022

Case brief

AI extract

What is this about?

In a Section 482 Cr.P.C. application to quash criminal proceedings, the High Court refused the prayer, explaining that the disputed defence must be addressed in a discharge application at the trial court rather than quashing the case.

What did the court decide?

Prayer to quash proceedings under Section 482 Cr.P.C. refused. Direction given to apply for discharge at trial court.

Ashish Alias Toni and Another Vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2022)

¶1

Court No. - 86

¶2

Case :- APPLICATION U/S 482 No. - 26135 of 2022

¶3

Applicant :- Ashish Alias Toni And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kunwar Ajay Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Karunesh Singh Pawar,J.

¶5

Heard learned counsel for the applicants, learned Additional Government Advocate for State and perused the record.

¶6

The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Case No.18503 of 2022 (State Vs. Anurag Singh and others), under sections 147, 452, 354, 323, 504, 506, IPC, Police Station Chakeri, Kanpur Nagar, arising out of Case Crime No.353 of 2021, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar, in pursuance of charge sheet dated 12.01.2022 and cognizance/summoning order dated 20.04.2022.

¶7

The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

¶8

The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants has got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.

¶9

After hearing the learned counsel for the parties and after perusing the averments made in the present application, the

¶10

prayer for quashing the proceedings of the aforementioned case is refused.

¶11

At this stage, learned counsel for the applicant submits that the applicant may be permitted to move an application for discharge and the same may be decided by the trial court in a time bound manner.

¶12

However, it is provided that in case, the applicants move an appropriate application for discharge before the concerned Court below within a period of three weeks from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of one month thereafter.

¶13

The applicants shall be at liberty to move an application under section 205 Cr.P.C. for exemption of appearance along with the discharge application. In case such application for exemption is filed, the same shall be considered prior to taking up discharge application.

¶14

In case no such application is filed within a period of three weeks from today, as prescribed above, the benefit of present order shall not be available to the applicants.

¶15

With the aforesaid directions, this petition is finally disposed of.

¶16

Order Date :- 29.9.2022 VKG

¶17

Digitally signed by VIJAY KUMAR GUPTA Date: 2022.09.29 16:51:27 IST Reason: Location: High Court of Judicature at Allahabad

Ashish Alias Toni and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ashish Alias Toni and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Arjun Singh and Another Vs State of U.P. and Another

Hazi Jakir and Another Vs State of U.P. and Another

Sudhir Kumar Mall and 11 Others Vs State of U.P. and Another

Shakeel Ahmed Vs State of U.P. and Another

Mohan Vs State of U.P. and Another

Sheoraj and Another Vs State of U.P. and Another